University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 2002 Brandenburg and the United States' War on Incitement Abroad: Defending a Double Standard Lyrissa Barnett Lidsky University of Florida Levin College of Law,
[email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the First Amendment Commons Recommended Citation Lyrissa Barnett Lidsky, Brandenburg and the United States' War on Incitement Abroad: Defending a Double Standard, 37 Wake Forest L. Rev. 1009 (2002), available at http://scholarship.law.ufl.edu/facultypub/145 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact
[email protected]. BRANDENBURG AND THE UNITED STATES' WAR ON INCITEMENT ABROAD: DEFENDING A DOUBLE STANDARD Lyrissa Barnett Lidsky* [E]very nation must have avenues for the peaceful expression of opinion and dissent. When these avenues are closed, the temptation to speak through violence grows. -President George W. Bush' We have nothing to fear from the demoralizing reasoningsof some, if others are left free to demonstrate their errors .... -Thomas Jefferson" I. INTRODUCTION Although a handful of media incitement cases have made headlines in the last few years,3 the chance of a member of the * University of Florida Research Foundation Professor, Levin College of Law. The Author thanks David Anderson, Charles Collier, Ronald Krotoszynski, Jr., Tom Cotter, Bill Page, Marty McMahon, Frank McCoy, Michael Shiver, Chris Slobogin, and, as always, Howard Lidsky.